les Nouvelles - March 2015

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  • les Nouvelles - March 2015 - Full Issue
  • PDF, 3.02 MB
  • Technology Intangible Asset Valuation Procedures
  • Robert F. Reilly
    Analysts perform technology intangible asset valuation, damages, and transfer price analyses for many purposes. This discussion defines technology intangible assets and summarizes the generally accepted approaches and methods related to such an intangible asset valuation, damages, or transfer price analysis. In addition, this discussion illustrates a technology intangible asset valuation.
    PDF, 145.14 KB
  • Application Of Game Theory In A Patent Dispute Negotiation
  • James Wan
    Inventors will seek to protect the value of intellectual property (IP) they have created using a patent to prevent free-riding and unauthorised imitation. Patent filings worldwide grew 9.2 percent in 2012, representing the fastest growth recorded in the past 18 years.1 Firms are increasing their rate of patent filings because it raises their bargaining and retaliation power relative to competitors. This may lead to asymmetry of bargaining power between firms that are highly sophisticated in IP and those that are not. When asymmetry exists, a firm with a stronger patent position can intimidate weaker firms.
    PDF, 155.38 KB
  • Making The Most Of Academic Drug Target Discoveries
  • Richard Reschen
    The explosion of new technologies and research techniques, and encouragement from funding agencies for academic institutions to undertake more translational research, has led universities to devote greater resources towards applied drug discovery activity. Universities and academic institutes are therefore now discovering an increasing number of 'drug targets.' These are molecules, often proteins (such as enzymes or cell surface receptors), that could potentially be manipulated by chemical or biological entities to treat disease.
    PDF, 120.04 KB
  • Software Licensing And Royalty Rates
  • Dwight Olson
    I have been invited many times to talk about royalties and royalty rates in the software licensing industry at LES meeting workshops, but I have not commented on the various software types and license contexts of commercialized software technology that are associated with the royalty rates. Royalty rates associated with software licensing are generally found in the various public databases in the cloud (such as EDGAR at the Securities and Exchange Commission), as well as in surveys done by LES societies such as the LES (USA & Canada) royalty rate healthcare survey. In writing this article I drew on my past experience in software product commercialization, heading up the world's largest source code escrow service.
    PDF, 317.14 KB
  • Maybe Patent Trolls Aren’t So Evil After All
  • Raymond P. Niro
    The long-awaited GAO (Government Accountability Office) Report on NPE litigation actually proves that all the noise coming from Silicon Valley about patent trolls is just that—noise. It is propaganda implementing a plan to run individual inventors out of business.First, and most importantly, the GAO Report showed that NPEs are not responsible for the spike in patent litigation. Indeed, NPEs account for only 20 percent—that's right, 20 percent—of all patent suits. So, if Congress fixes the so-called patent litigation problems by focusing on NPEs, it will fix only 20 percent of the problem.
    PDF, 184.57 KB
  • Protection Of Product Designs In Japan
  • Masashi Chusho
    There are various pieces of legislation in Japan that can be used to protect product designs. This paper explains this legal framework, and introduces relevant recent court decisions and legal amendments.
    PDF, 625.28 KB
  • Resolution Of Transatlantic IP And Commercial Disputes Between Brazil And Europe
  • Carlos Aboim, Ulrich Lohmann and Eduardo Roncolatto
    When negotiating a cross-border contract, e.g. a patent license agreement, the parties usually focus on the object of the contract. In the case of a patent license agreement, the object of the contract would be the rights that the licensor intends to grant to the licensee with respect to the patent and perhaps related know-how, and the royalty that the licensor expects the licensee to pay, plus perhaps some representations and warranties.
    PDF, 152.30 KB
  • Unitary Patent And National Law
  • Tilman Müller-Stoy and Florian Paschold
    With regard to unitary patents, national law often has to be applied to fill in the gaps the unitary patent regulation has left. If we take the EPO's application figures since 2010 as a basis for the unitary patent, it can be predicted that German law will (partly) have to be applied to over 80 percent of all unitary patents in the future.
    PDF, 74.54 KB
  • Right Of Publicity: A History And Current Trends
  • Weston Anson
    Consor Intellectual Asset Management Captured within current licensing trends is the use of personality brands, such as celebrities, characters, and athletes. Licensing professionals need to keep on top of the use of the use of these personalities, which is a type of intellectual property referred to as right of publicity. Right of publicity is generally defined as the right of a person to control the commercial exploitation of his or her identity and to prevent its unauthorized commercial use. Each celebrity, athlete, and character is unique, and that uniqueness is valuable.
    PDF, 59.57 KB
  • Europe’s New Patent Regime— Preparing The Ground
  • Fiona Nicolson, Sahar Shepperd and Alan Johnson
    Europe's new Unified Patent Court ("UPC") will likely come into existence within two years, with complex transitional arrangements. At the same time a new variety of patents (unitary patents) will immediately be available for new patent applications and for applications pending at the start date. Strategies need to be developed and decisions taken in the run-up to 2016 so as to be ready for the changes. It is not sensible simply to await the start of the new system. Nor can everything be done in the month or two before the start date. This article briefly summarises the features of the new system and considers the practical steps patent owners, licensors and licensees and those involved in collaborations should be taking now in preparation for the start of the new regime.
    PDF, 70.13 KB
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